HomeMy WebLinkAboutPD-133-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: TRULLS.GPA
REPORT
Meeting: General Purpose and Administration Committee File # a 9sod�
Date: Monday, October 7, 1996 Res. #C —U"
Report #: PD- 133 -96 File #: PLN 17.9.3; 18T- 95029; DEV 95 -20 By -law #
Subject: TROLLS ROAD WOODS ENVIRONMENTAL IMPACT STUDY
FILES: PLN 17.9.3; 18T- 95029; DEV 95 -20
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 133 -96 be received; and
2. THAT the awarding of the contract for the Environmental Impact Study for the
Trulls Road Woods be exempted from the requirement of By -law 94 -129, as
amended, being the Municipality's Purchasing By -law, if the value of the contract
exceeds $20,000.00.
1. BACKGROUND
1.1 Section 4.3.8 of the Clarington Official Plan requires the preparation of an
Environmental Impact Study for any development application located within or
adjacent to a natural feature identified on Map C of the Official Plan. The
consultant undertaking the study is to be retained by the Municipality at the
expense of the applicant.
1.2 Black Creek Developments has submitted Subdivision Application 18T -95029 and
Rezoning Application DEV 95 -020 to permit the development of a residential
subdivision. The site subject of the applications is traversed by a cold water
stream and is located partially within and adjacent to the Trulls Road Woods and
626
REPORT NO. PD- 133 -96 PAGE 2
the Lake Iroquois Beach, all of which are identified as natural features on Map C1
(see Attachment No. 1).
1.3 Staff from the Planning Department and the Central Lake Ontario Conservation
Authority met with the applicant, Mr. Hannu Halminen of Black Creek
Developments, on September 18, 1996 to discuss the requirements of the Official
Plan regarding the preparation of an Environmental Impact Study. Mr. Halminen
advised that he had already retained the consulting firm of Gartner Lee Limited
to prepare an Issues Paper on the environmental features in the area which will
help establish the Terms of Reference for the Environmental Impact Study.
1.4 Staff and Mr. Halminen agreed at the meeting that, upon completion of the Issues
Paper, the preparation of the balance of the Environmental Impact Study would
proceed in accordance with the provisions of the Official Plan. In this regard, Mr.
Halminen has submitted a Letter of Undertaking to the Director of Planning (see
Attachment No. 2) to indicate that, once the Issues Paper has been submitted and
finalized by the consultant, he will discharge the consultant on the understanding
that the Municipality will engage Gartner Lee to complete the balance of the
Environmental Impact Study. Upon receipt of a quotation from Gartner Lee for
the balance of the Study, Mr. Halminen will provide to the Municipality an
unconditional Letter of Credit for the anticipated study costs.
2. COMMENTS
2.1 The approach agreed to by Staff and Mr. Halminen ensures that the
Environmental Impact Study for the Trulls Road Woods will be prepared in
accordance with the Municipality's Guidelines (see Report PD- 132 -96 on today's
agenda). The Guidelines require the same consultant to undertake Phases 1 and
2 of an Environmental Impact Study. Staff note Gartner Lee's considerable
REPORT NO. PD- 133 -96 PAGE 3
experience with environmental issues in Courtice and accordingly, have no
objection to retaining the firm to continue the Phase 2 Study.
2.2 The Municipality's Purchasing By -law (By -law 94 -129, as amended) requires the
purchase of consulting and professional services to proceed as follows:
for services estimated to cost less than $20,000.00 and funds are provided
in the appropriate budget, the initiating Department may select and enter
into a contract with a consultant without the need for proposals to be
submitted and without Council approval;
• for services estimated to cost more than $20,000.00 and funds are
provided in the appropriate budget, written proposals from a number of
consultants are to be obtained and the purchase of services approved by
Committee and /or Council; the contract with the consultant in this case is
to be by a formal agreement signed by the Mayor and Clerk or by a
purchase order issued by the Purchasing Agreement.
2.3 Staff note that the cost of the Trulls Road Woods Environmental Impact Study will
not be determined until the Issues Paper currently being prepared by Gartner Lee
for Black Creek Developments has been completed. In the event that the study
cost exceeds $20,000.00, an exemption from the Municipality's Purchasing By -law
would be required to permit Gartner Lee to be retained in the absence of
proposals from other consultants and to permit the Director of Planning to enter
into a contract with the firm without Council authorization. Staff note that the
developer will be paying the full costs of the Study. A contract will not be signed
with Gartner Lee until the funding for the entire Environmental Impact Study has
been secured by Letter of Credit.
REPORT NO. PD- 133 -96 PAGE 4
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
JAS *DJC *FW *cc
Attachment #1 - Key Map
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #2 - Letter of Undertaking from Mr. Hannu Halminen, President,
Black Creek Developments Ltd.
September 27, 1996
Interested parties to be notified of Council and Committee's decision:
Mr. Hannu Halminen, President
Black Creek Developments Ltd.
1748 Baseline Road W.
Courtice, Ontario L1 E 2T1
Ms. Dale Hoy & Mr. Steven Usher
Gartner Lee Limited
140 Renfrew Drive
Suite 102
Markham, Ontario L3R 6133
ATTACHMENT #1
GUIDELINES FOR ENVIRONMENTAL IMPACT STUDY
FOR TRULLS ROAD WOODS
DEV. 95 -020 , 18T -95029
LOT 30 LOT 29
SUBJECT SITE
® SOKE QIS I O
LA IROQUOIS BEACH
KEY Map ; ` . WOODLOT
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96 -003
905- 436 -9605 HALMINEN HOMES 701 P02 SEP 25 196 11:38
Attachment No. 2
8LACKCREEK DEVELOPMENTS LTD.
1748 Baseline Rd. W.
Courtice, Ontario
L1E 2T1
September 24, 1996
Mr. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning and Development
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Sir:
RO: Environmenta.l, I1 P40t Study - P14n Of SubdiVisiOn i8T -95029
Part of Lots 30 and 31, Conoession 31 courtice
-------------------------------------------------------------------
On September 18th, 1996, 1 met with your staff to review the
requirements of the Clarington official Plan with respect to the
environmentally sensitive features, including the Trull's Road
Woods, related to the above - referenced site. Section 4.3.8. of the
official Plan requires that proponents bear the costs of an
Environmental Impact Study conducted under the sponsorship of the
Municipality.
I have engaged Gartner Lee to prepare an Issues Paper on the
environmental features in the area which will help establish the
Terms of Reference for -the Environmental Impact Study. I
understand that your staff is establishing a steering committee of
agency staff to review this study.
This letter serves as my commitment to you to undertake the
Environmental Impact Study in accordance with the provisions of the
new clarington official Plan. Upon completion of the Issues Paper
(Phase 1) , I will discharge the consultants, Gartner Lee, on the
understanding that the Municipality will engage the same consultant
to complete the balance of the Environmental Impact Study (Phase
2). I understand that you may require Councils approval to waive
the Municipality's Purchasing By -law for this purpose.
Upon establishing the Terms of Reference for Phase 2 of the Study,
and receipt of a quotation from Gartner Lee, I will provide the
Municipality an unconditional Letter of Credit for the anticipated
Phase 2 study costs. This will be provided as soon as possible
after the Steering Committee reviews the Issues Paper on october
18, 1996.
...2
W
905- 436 -9605 HALMINEN HOMES 701 P03 SEP 25 196 11:39
Page 2
September 24, 1996
In recognition of the need to conduot monitoring and collect
baseline information on the study area in all seasons, i will
authorize the consultants to commence some of the work which will
form part of Phase 2 during the Phase I period. I do this in an
effort to complete a thorough study in the shortest possible time
period. I completely indemnify the Municipality for any of these
costs. I am taking this action in good faith on the part of the
consultants, the Municipality and myself. z also realize that only
Council can authorize this work on behalf of the Municipality.
Yours truly,
Hannu T. Halminen
President